Plea Deal Offered by DA in ‘Due Process’ Motion Hearing

A Streetman man walked out of the courtroom a free man, after agreeing to plead guilty to a felony offense during a Motion Hearing on Thursday, March 8, 2018.

James ‘Eric’ Minze was facing a state jail felony charge of Possession of a Controlled Substance Penalty Group 1, more than 1 gram but less than 4 grams following an arrest in June of 2017.

Two Pre-Trial Motions were filed by Defense Attorney, David E. Moore of Groesbeck, calling into question the legality of tactics used by FCSO. They also questioned the credibility of Lieutenant Robert Willis, Deputy Mike Darby, and an informant used in the arrest.

Moore contends that these issues interfered with Minze’s right to Due Process.

On June 1, 2017, the vehicle in which Minze was a passenger was pulled over by FCSO on FM 80 near FM 833. Officers cited the reason for the stop as the tint on the rear windows of the truck being too dark.

According to the police report he was alleged to be in possession of methamphetamine, six hydrocodone tablets and drug paraphernalia.
Minze was arrested and booked into the Freestone County Jail.

According to the motion to suppress, FCSO pulled the vehicle over after receiving information by an informant regarding the possibility of Minze having drugs on his person.

The motion further alleges that the windows were not illegally tinted, and therefore there was no probable cause for the initial traffic stop.

In addition, Moore stated that the informant used has a criminal history and therefore is not a reliable source.

At the hearing, District Attorney Brian Evans offered Minze a plea bargain. If Minze pled guilty to the felony offence, he will have a felony conviction on his record, but he would only be punished as a misdemeanor.

The punishment offered as part of the bargain was 2-Days, time served; which means that the time Minze already spent in jail for this crime would count toward those two days.

After conferring with his defense attorney, Minze agreed to accept the plea bargain. Though now a free man, he is also a convicted felon.